APs won the lawsuit

[Anonymous]

Anonymous wrote:Lots of us use less than 40 hours and already pay more than the minimum wage. I have one child and we ask for about 15 hours a week + five of non child-care stuff (laundry, etc). That used to work in my favor. But I'm not going to pay more than the stipend because we don't use the hours. Will an AP prefer to work for someone for 45 hours a week because they can make more? I'm about to start looking for next year so we'll see!

It's very possible. Our current au pair has big travel goals and I'm sure she'd rather have more money for travel than less work. She just got back from Mexico (with friends) over the holidays and is heading to Hawaii (again with friends) this spring. She's touring California with her sister in August. Lots of big travel, solely funded by her au pair earnings.

[Anonymous]

Interesting to see how this plays out with matching and with the year of hosting. In my experience, the quality of the AP candidates plummeted over the last couple of years, and my lastAP, who only worked 12 hours a week, struggled to function. She would have been fired from a job at McDonald’s.

[Anonymous]

We are pleased to confirm that the parties have reached agreement to resolve the federal class action suit in Denver (Beltran et al. v. InterExchange et al.). The settlement remains subject to court approval.

As part of the agreement, all Sponsors must state in their program materials that host families and au pairs are free to agree to compensation higher than the legally applicable minimum wage levels.

This provision of the agreement is consistent with our Program’s past practice. Au Pair in America has regularly and consistently communicated that the weekly stipend of $195.75 ($146.81 for EduCare), specified in Department of State regulations, is a minimum, and that it is the host family’s choice to provide a higher stipend and/or other benefits to the au pair*.

The settlement agreement is not an admission of wrongdoing, is not an admission of the violation of any law, and is not an indication of doubt in any of the defenses to the legal claims asserted in the class action.

We and the other Sponsors entered into the agreement solely to eliminate the expense, inconvenience, uncertainty, and distraction of further litigation. The resolution also facilitates peace of mind and enables greater certainty in our future communications about the Program.

We are grateful that, with court approval, the federal class action in Denver will be resolved successfully.

We trust this will provide clarity for you given recent media reports. Au Pair in America remains committed to serving as sponsor for the Department of State’s au pair program, welcoming young adults from around the world and host families across the United States who value this cultural exchange live-in child care program.

We thank you for being your program of choice.

Sincerely,

Ruth Ferry
Senior Vice President & Director

*Note: While a higher weekly stipend is negotiable between the host family and au pair, other Program elements are non-negotiable. These include the maximum number of hours of child care assistance—10 hours per day and 45 hours in any one week (30 hours for EduCare)—and the scope of activities with which the au pair may assist the host family. Refer to 22CFR62.31 for full au pair regulations.

[Anonymous]

Lol. It really is the death of the AP program.

APs feel entitled to car use and don’t see it as a “benefit” provided by the host family. How many APs will simply go with the highest host family bidder, leading to more rematches, rather than being smart about the whole package?

[Anonymous]

Anonymous wrote:

Anonymous wrote:This has no impact on my future with the program. We already offer more money than the stipend. I hope more au pairs do ask for more money. Never sat well with me as an antitrust lawyer.

Interesting. I never really had a problem with the amount of the stipend and i'm an employment lawyer.

No, not the amount, the price fixing.

[Anonymous]

Interesting. Every situation is different, but this is how my AP situation would have worked out if I had paid minimum wage, but also expected fair pay back for room and board etc.

$7.25/hr x 45 hr/wk x 4.5 wk/month = $1,468 paid to AP at minimum wage per month of work

And paid back to me each month by the AP would have been =
$1000/month separate basement apartment rental + ($20/day designated AP car rental × 30 days/month) + ($15/day food × 30 days/month) + $35/month cell phone + $42/month education =$2,127 owed to me per month from my au pairs.

So I could have come out $659 per month ahead, and had 45 hours a week of child care included. Well heck, if that's what au pairs want, then sign me back into the program even though my kids are in school now! I would be happy to have consistent after school care and make some profit on the side. Bring it on!

[Anonymous]

Anonymous wrote:Interesting. Every situation is different, but this is how my AP situation would have worked out if I had paid minimum wage, but also expected fair pay back for room and board etc.

$7.25/hr x 45 hr/wk x 4.5 wk/month = $1,468 paid to AP at minimum wage per month of work

And paid back to me each month by the AP would have been =
$1000/month separate basement apartment rental + ($20/day designated AP car rental × 30 days/month) + ($15/day food × 30 days/month) + $35/month cell phone + $42/month education =$2,127 owed to me per month from my au pairs.

So I could have come out $659 per month ahead, and had 45 hours a week of child care included. Well heck, if that's what au pairs want, then sign me back into the program even though my kids are in school now! I would be happy to have consistent after school care and make some profit on the side. Bring it on!

You can't ask for money from your au pair but she could ask you during matching if you will pay her $350 weekly. That's how this will work from now. Au pairs will negotiate and reject families who will pay only $195,75

[Anonymous]

Anonymous wrote:Interesting. Every situation is different, but this is how my AP situation would have worked out if I had paid minimum wage, but also expected fair pay back for room and board etc.

$7.25/hr x 45 hr/wk x 4.5 wk/month = $1,468 paid to AP at minimum wage per month of work

And paid back to me each month by the AP would have been =
$1000/month separate basement apartment rental + ($20/day designated AP car rental × 30 days/month) + ($15/day food × 30 days/month) + $35/month cell phone + $42/month education =$2,127 owed to me per month from my au pairs.

So I could have come out $659 per month ahead, and had 45 hours a week of child care included. Well heck, if that's what au pairs want, then sign me back into the program even though my kids are in school now! I would be happy to have consistent after school care and make some profit on the side. Bring it on!

You think you’re clever but you’re not. The au pairs can try to negotiate for more. And I will play ball. If you won’t you can have my rejects.

[Anonymous]

Well, we pay above 200 weekly, but she also has a dedicated car, a fully covered smartphone plan, all gas, an apartment suite, and let her choose her vacation weeks all at once. We could instead say, we will pay 300, but you are responsible for having a phone, paying all gas except-child related, and we will pick one week of your vacation, and do not have car privileges outside child-related, since we live on metro. This makes the au pair more like a nanny.

[Anonymous]

Anonymous wrote:Well, we pay above 200 weekly, but she also has a dedicated car, a fully covered smartphone plan, all gas, an apartment suite, and let her choose her vacation weeks all at once. We could instead say, we will pay 300, but you are responsible for having a phone, paying all gas except-child related, and we will pick one week of your vacation, and do not have car privileges outside child-related, since we live on metro. This makes the au pair more like a nanny.

I think this would be an interesting convo to have. We don’t have the cheapest phone line out there. Maybe my APs would prefer to control more of their budget.

[Anonymous]

Anonymous wrote:Well, we pay above 200 weekly, but she also has a dedicated car, a fully covered smartphone plan, all gas, an apartment suite, and let her choose her vacation weeks all at once. We could instead say, we will pay 300, but you are responsible for having a phone, paying all gas except-child related, and we will pick one week of your vacation, and do not have car privileges outside child-related, since we live on metro. This makes the au pair more like a nanny.

At least the way, we have a chance at getting a real adult who likes independence and can learn to manage on their own.

APs seem more and more like entitled teenagers who want everything done for them plus a free allowance. Why should they do any work when we should pay for the privilege of hosting these foreign princesses?

[Anonymous]

My wife and I briefly considered the program but balked at the hidden costs (laptop, car, etc.) we also worried we’d get a girl that’d be butt hurt that we live in an unglamorous part of Frederick.

When we asked the account rep for someone who lived in Leesburg or Urbana so we could get experiences comparable to our own, she got annoyed and wondered why we’d want that. Well, lady, we don’t live steps away from Metro the way you do.

[Anonymous]

Butt hurt is right.

I’d bet you there’s a small spike in rematches after holidays, either from APs disappointed that they didn’t get enough from host families or APs that think they’ve milked the host families out of all they’re likely to get already.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Love this!!! Great news for nannies!

Not necessarily. We certainly won’t replace our au pair with a nanny. We have an au pair at the point for convenience (school age kids) and for the CULTURAL EXCHANGE (great for our kids to learn about au pair’s country and culture). We won’t hire a nanny if we end up no longer hosting an au pair.

+1
I will find an afternoon sitter/driver. No need for a nanny.

[b]

Exactly and those nannies cost $20+ per hour. Great news for part time nannies. Do you not get it?

I wouldn’t call a college student that drives my kid home and watches them for 2 hours a day a nanny. If you really think they qualify as “nannies”, no wonder au pairs are comparable to some “nannies”

LOL, good luck. I left the AP program 2 years ago. Even college kids are charging $20/hr for PT babysitting. A minimum wage job around here is already at $15. Not a chance there are bargains out there.

I pay our sitter $21/hr for 3 hrs a day, so $315 a week. Doesnt include any weekend/extra work.

Oh and BTW, finding someone reliable is hard. That why you need to pay good money.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Interesting. Every situation is different, but this is how my AP situation would have worked out if I had paid minimum wage, but also expected fair pay back for room and board etc.

$7.25/hr x 45 hr/wk x 4.5 wk/month = $1,468 paid to AP at minimum wage per month of work

And paid back to me each month by the AP would have been =
$1000/month separate basement apartment rental + ($20/day designated AP car rental × 30 days/month) + ($15/day food × 30 days/month) + $35/month cell phone + $42/month education =$2,127 owed to me per month from my au pairs.

So I could have come out $659 per month ahead, and had 45 hours a week of child care included. Well heck, if that's what au pairs want, then sign me back into the program even though my kids are in school now! I would be happy to have consistent after school care and make some profit on the side. Bring it on!

You can't ask for money from your au pair but she could ask you during matching if you will pay her $350 weekly. That's how this will work from now. Au pairs will negotiate and reject families who will pay only $195,75

When we were in the program we kept meticulous records of hours worked and pay. We always made sure to treat the 199 as a minimum. All hours worked were at minimum wage, so all hours over 27.5 were paid at MW including OT for all hours over 40. It was very very easy to recruit when we explained how we adhere to the labor laws and don't use the program loophole to skirt it. It's the right thing to do no matter what the law says.